Disclosure Manager

Question 1

Disclosure Managers should be guided by these principles:

Answer 1

• All relevant material contained on an investigation file is discoverable, unless withholding is justified under sections 16, 17 or 18 of the Act.

There is no obligation to acquire, for the purpose of satisfying disclosure obligations, material that is not already in police possession or control, or held (S15)

Disclosure is an on-going process and the reasons for withholding a document should be continually reassessed.

The disclosure process must be auditable, accountable and record disclosure decisions that are made in relation to a particular document.

Effective file management systems are critical to the success of the disclosure process.

Question 2

On appointment to the role, the Disclosure Manager must:

Answer 2

• report to the 2IC to receive a briefing, tasking, establishing what information is and is not discoverable, and ongoing supervision.

Question 3

The Disclosure Manager must:

6 points

Answer 3

• Ensure all relevant and discoverable material is provided to defence counsel, non-relevant is identified, all listed and defence advised
• continually assess the risk to ensure that non-discoverable material is identified and not disclosed. Continually review decision making to ensure legally justified to withhold.
• ensure that robust auditable systems are employed to record disclosure decisions and actions

-manage disclosure timeframes

• retain and file all correspondence with defence counsel, both incoming and outgoing,
• create a record in NIA

Question 4

What information should the disclosure manager provide to the Crown solicitor regarding disclosure?

Answer 4

The Crown should be provided with an identical copy of all material that is disclosed to defence counsel. The Crown should also review an un-edited copy of the material, where appropriate.

Question 5

Disclosure of Alibi Enquiries

Answer 5

Police are not obliged to provide disclosure regarding alibi enquiries.

Question 6

What does section 10(4) outline about supplying disclosure.

Answer 6

Section 10(4) of the Act provides that disclosure may be supplied in whatever form, including electronically, that the person disclosing the information holds it in at the time of the request, provided this will be readily accessible to the defendant.

Question 7

In the first instance the OC Exhibits should only accept an exhibit if:

LSP

Answer 7

• Correctly labelled
• Correctly sealed
• Preservation steps have been taken

Question 8

After the forensic strategy meeting, what specific matters must the OC exhibits determine regarding each of the exhibits ?

FE
AS
DPR EI R

Answer 8

• Must ensure that all exhibits are fully examined, in accordance with forensic strategy meeting decisions.
• Makes an awareness of the significance of each exhibit and what examinations may be available.
• Will determine, plan and record the examination and interrogation of every exhibit and establish its relevance to the investigation

Question 9

Why is it important for the OC Exhibits to develop a forensic strategy for exam of exhibits?

Answer 9

• Priorities tasks in line with the direction of the INV.
• Strategy must be approved by the OC INV and reviewed throughout the INV to keep on top of all developments.

Question 10

There are two matters the OC exhibits must record on the register after a forensic strategy meeting.

DP

Answer 10

• all decisions taken about the types of examinations to be conducted and
• the priority allocated to the examination of each exhibit.

Question 11

When forwarding an exhibit for examination, outlines the steps

7 steps

Answer 11

• Ensure exhibit is confirmed for examination through FSM
• IMT and PROP
• Authorised by OC
• Pol 143 complete
• Packaged correctly
• Deliver promptly
• Advise ASAP when not required

Question 12

What key piece of information must be put on the POL 143?
5 points
C
P
L
SA
A

Answer 12

• brief circumstances of the case
• purpose(s) of the examination
• location where each item originates from e.g. from a particular scene, victim, witness or suspect
• whether any exhibits are damp or require special attention
• authorisation by the appropriate supervisor.

Question 13

Action of OC exhibit take when are further enquiries ?

Answer 13

• Update the exhibits register with results of the exhibit examination.
• Inform the OC INV and not assume they are aware
• Must let 2IC know so follow up enquiries can be made

Question 14

Preparing for trial

R, S , PT

Answer 14

Before the commencement of the trial, must decide which exhibits are
considered relevant,
determine the significance of any forensic examinations
establish manner which exhibits and examination results are to be presented at trial.

Question 15

Describe chain of custody and state the purpose

Answer 15

The chain of custody includes every individual who has had custody of an exhibit, from the time it was first discovered until the time it is produced in Court.

It is used to demonstrate the integrity, and therefore admissibility, of exhibits.

Question 16

While an exhibit was under their control, each person with custody of the exhibit must be able to demonstrate in IMT or PROP?

R
SS
M
TSP
TC

Answer 16

when they received custody of the exhibit and from whom

where and how the exhibit was securely stored

when, why and how the exhibit was moved from one place to another

how the exhibit has been treated, safeguarded and preserved

when and why they transferred custody of an exhibit to another person, and to whom.